Part IVLicensing of drivers of heavy goods vehicles

Appeals and review of tests

116Appeals relating to HGV drivers' licences

1

A person who, being the holder of, or an applicant for, a heavy goods vehicle driver’s licence feels aggrieved by the licensing authority's—

a

refusal or failure to grant such a licence, or

b

imposition of any limitation on such a licence, or

c

suspension or revocation of such a licence, or

d

ordering of disqualification under section 114 (1) of this Act,

may by notice in writing to the licensing authority require him to reconsider the matter, and shall on a reconsideration be entitled to be heard either personally or by his representative.

2

Subject to subsection (4) below, a person who feels aggrieved as mentioned in subsection (1) above or who is dissatisfied with the decision of the licensing authority on reconsideration of the matter, may appeal to a magistrates' court acting for the petty sessions area in which he resides or, if he resides in Scotland, to the sheriff within whose jurisdiction he resides.

3

On any such appeal the court or sheriff may make such order as it or he thinks fit and an order so made is binding on the licensing authority.

4

No appeal lies under this section in respect of any matter in respect of which an application may be made to a magistrates' court or a sheriff under section 115 of this Act.

5

Where an applicant for a heavy goods vehicle driver’s licence who is at the date of his application the holder of such a licence (other than one issued as a provisional licence) appeals under this section on the ground of refusal or failure to grant the licence, the existing licence shall not expire before the appeal is disposed of.